President Uhuru Kenyatta can extend his term by postponing the 2022 General Elections due to the effects of Covid-19, a special court advised.
According to an 11-judge bench sitting in Arusha, Tanzania member states of the African Union can decide to postpone general elections due to public health concerns.
If Kenya decides to follow the ruling by the Africa Court on Human and People's Rights then, President Uhuru's term will be extended past August when his time in office expires.
But the court also noted that countries may decide to continue with elections as initially planned. Notably, the bench further explained that in order for states to postpone elections they must be in compliance with their own laws.
"States may decide to conduct or not to conduct elections in the context of a public health emergency or a pandemic. Such a decision requires prior consultation with health authorities and political actors, including representatives of civil society," the court ruled.
"Accordingly, in principle, States must have their own legislation on the consequences of the expiry of the term of office of elected officials without elections being held... the court holds that if such a legislation exists it must be applied," it continued.
The court heard that 78 countries across the world decided to postpone national and sub-national elections due to Covid-19 but 52 other states decided to hold elections that were initially postponed.
This comes at a time when Cotu boss Francis Atwoli, an ally of President Kenyatta has been vigorously championing the postponement of the 2022 general elections.
Atwoli, in an opinion article published on the Standard, declared that IEBC was not prepared to conduct an election that is free and fair.
He cited the recently concluded polls in Kiambaa and Muguga, where all parties have disputed the results, as a classic example.
While addressing journalists in Nakuru on June 17, the Cotu boss declared that the 2022 polls will be postponed if the courts don't give a favourable judgement on the Building Bridges Initiative.
"If anything happens and they don't give us a ruling, we will still move to the supreme court. If we don't get it then we will appeal through our Parliamentarians to extend the elections even by one year," Atwoli stated.
He claimed that the interest of workers and Kenyans at large were the main reason behind the calls to postpone next year’s polls.
"We want peace in this country as workers, after every five years, the recipients of the problems are workers. Our children are maimed," Atwoli remarked.
"Our children are killed. Those people who do seasonal or casual or contractual employment when there are problems, they don't get work," he added.
